TNAG-2286-FCO40-3289-Extension-of-Official-Secrets-Act-1989-to-Hong-Kong-1991 — Page 130

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TIMING CE LOCALISATION OF SECRETO-RELATED LEGISLATION

OF

13.

When Members considered XCK (96)204 on 15 December

1986 they noted that 1994 was proposed as the target date

by which all UK enactments, presently applying as law in

Hong Kong and required after 1997, should be localised.

Within this framework we intend to provide for the

localisation of all secrets-related legislation, and the

adaptation of offences such as treason and sedition, by a

composite amendment to the Crimes Ordinance.

11.

We have examined the implications of not having

the 1989 Act applied to Hong Kong, and of maintaining the

present legislative status quo until we are ready to

localise all secrets-related legislation as noted above.

Whilst this approach is superficially attractive, in that it would obviate for the time being the possibility of

adverse reaction from the public or the Chinese, it would leave us effectively powerless to act against those who flout the confidentiality entrusted to them.

15.

We have not yet raised the question of localising secrets-related legislation with the Chinese. The

possibility that consultation and discussion is likely to be protracted underscores the need to have in place now clear and effective laws governing the communication of confidential official information.

Without the benefit of

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